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BUSINESSMAN GETS PRISON FOR ILLEGAL-IMMIGRANT SCAM

The head of a temporary-labor business that used hundreds of illegal immigrants has been sentenced to 15 months in prison and ordered to forfeit $12 million.

Maximino Garcia, 42, of San Antonio, pleaded guilty in October to conspiracy to encourage and help illegal immigrants to stay in the United States for commercial or private gain. U.S. District Judge S. Arthur Spiegel sentenced him Thursday.

Federal prosecutors said the $12 million represents money that Garcia made by employing illegal immigrants for his temporary-labor companies. Julie Myers, assistant secretary for U.S. Immigration and Customs Enforcement, said it's the largest forfeiture yet in an illegal-immigrant case.

Prosecutors said Garcia's companies contracted with ABX Air Inc. to sort freight at its Wilmington Air Park in Ohio from 1999 until January 2005. ABX ended its contract with Garcia after an audit showed the workers were using invalid Social Security numbers.

Garcia's attorneys contended that the $12 million forfeiture was excessive. He was also fined $25,000.

Prosecutors said they will seek forfeiture of property, future earnings and other assets from Garcia. Garcia headed Garcia Labor Company Inc. of Morristown, Tenn., and an Ohio-based labor company.  March 3, 2007 Associated Press Cleveland Plain Dealer

http://www.cleveland.com/plaindealer/
stories/index.ssf?/base/news/1172915051144500.xml&coll=2

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In This Issue:
March 5, 2007

 

  • Businessman Gets Prison For Illegal -Immigrant Scam
  • AK Steel, Union Reach Tentative Settlement In Lockout
  • Daimler's Two Big Unions Tangle
  • Harley-Davidson Union Approves Deal to End Factory Strike
  • Com Air Pilots Accept Wage Cuts
  • Large Employers See 8% Health Inflation
  • More Employers Providing 100% Match
  • Goodyear To Shift From Pensions
  • Operation Match: Richer 401(k) Benefits
  • Health Care Drags On GM, Ford Despite Concessions By UAW
  • Progressive To Appeal Big Jury Award
  • GE CEO Made More Than $!5 Million in 2006
  • OSHA Releases New "It's The Law" Poster

Labor 

 

AK STEEL, UNION REACH TENTATIVE SETTLEMENT IN LOCKOUT

AK Steel Holding Corp. said Wednesday it has reached a tentative settlement with union workers at its Middletown Works plant that would end a year-old lockout, the nation's longest current major work stoppage.

Hundreds of union workers gathered at the union hall near the company's main gate Wednesday evening to hear more. Brian Daley, president of the Machinists local, said a vote hasn't yet been scheduled, but should be taken in five to seven days. Rank-and-file workers last year twice rejected company offers that weren't endorsed by their union leadership.

The company has insisted it needs a contract allowing the steel maker to reduce the work force, have more flexibility in scheduling and pass along to employees some of the costs of health care and retirement benefits.

Union members have argued that they already had made sacrifices while increasing production with a smaller work force.

The union told the company "that it would present the contract to its members for ratification," AK Steel said in a statement. The new agreement would be effective March 15 and run through Sept. 15, 2011, the company said.  March 1, 2007 Associated Press Cleveland Plain Dealer

http://www.cleveland.com/business/
plaindealer/index.ssf?/base/business/1172752256178300.xml&coll=2

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HARLEY-DAVIDSON UNION APPROVES DEAL TO END FACTORY STRIKE

Unionized workers at Harley-Davidson Inc.'s largest manufacturing plant overwhelmingly approved a new labor agreement Thursday, ending a strike that halted motorcycle production for three weeks.

Eighty-three percent of those who voted endorsed the contract, which calls for a 12 percent wage increase over three years, the union said in a statement. Starting wages for new employees will be lower, but they will be able to advance to the same maximum rate earned by current employees.

Nearly 2,800 workers at the York, Pennsylvania, plant had been on strike since Feb. 2. The union rejected a company contract proposal that provided 4 percent annual raises but reduced pay for new hires and lowered health-insurance and pension benefits.

The strike disrupted Harley-Davidson's national production and had ripple effects as far away as Wisconsin, where 440 employees were laid off Feb. 12. The walkout also forced many Harley suppliers to lay off workers.

Under the new deal, workers will not pay health care premiums, but their deductibles and co-payments will be higher, the company said. Also, the company will reduce its matching of optional contributions made by new employees to the pension plan.  Martha Raffaele Associated Press Writer February 26, 2007 FindLaw.com
 

http://www.cleveland.com/plaindealer/
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DAIMLER'S TWO BIG UNIONS TANGLE

Labor Split Could Hamper Efforts to Shed Chrysler; A Parts Firm's Possible Bid

Amid increasing speculation over the future of DaimlerChrysler AG's Chrysler arm, union leaders on two continents are maneuvering for greater say over its fate. But divisions among them could hamper their efforts.

People familiar with the matter said labor representatives on DaimlerChrysler's board would oppose a deal that would give DaimlerChrysler a stake in General Motors Corp. in exchange for giving Chrysler to the U.S. auto maker. Some DaimlerChrysler shareholders have been talking up the possibility of an equity stake in recent days. German union representatives hold nine of the board's 20 seats.

Meanwhile, the Canadian Auto Workers union said Magna International Inc., a big Chrysler parts supplier, had contacted it in regard to a possible bid for the auto maker. Buzz Hargrove, the union's president, said the talks had occurred but declined to give details. KeyBanc Capital Markets auto analyst Brett Hoselton in a report yesterday also said the two sides were talking, though he said a deal would face considerable obstacles.

A DaimlerChrysler spokesman declined to comment on the two matters. A Magna spokeswoman declined to comment.

Magna, which posted almost $23 billion in revenue in 2005, worked on the engineering and manufacturing of the new seating features in the redesigned Chrysler Town & Country and the Dodge Caravan minivans. Magna's Austrian subsidiary, Magna Steyr, also builds vehicles for DaimlerChrysler, GM and BMW AG on a contract basis, including the Mercedes-Benz G-Class and Jeep Grand Cherokee sport-utility vehicles.

Stephen Power in Frankfurt, Matthias Krust in Stuttgart and Almut Schoenfeld in Berlin February 27, 2007 www.online.wsj.com

http://online.wsj.com/article/
SB117253335209519907.html?mod=home_whats_news_us

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COMAIR PILOTS ACCEPT WAGE CUTS

Delta subsidiary expects to emerge from bankruptcy soon  

Comair pilots on Friday voted to accept wage cuts and other concessions, clearing the final hurdle for the Delta Air Lines Inc. subsidiary to emerge from bankruptcy as soon as next month.

The pilots agreed by a more than 2-to-1 ratio to the concessions proposed last month, which reduces their pay between 7.75 percent to 13 percent. Of those voting, 770, or 69 percent, approved the settlement, with 350, or 31 percent, voting against it, union officials said.

"The agreement is not something we are happy about, but it certainly allows us to go on, and to create and to continue to run one of the best airlines in the world," said J.C. Lawson, master chairman of the Air Line Pilots Association local that represents Comair's 1,500 pilots.

Comair said the agreement would reduce its costs by $40 million over the next four years. It earlier gained concessions from the unions representing mechanics and flight attendants.

The tentative agreement was reached only after Comair announced it was planning to impose concessions. The union leadership put the agreement to its members, who completed their vote Friday.   March 3, 2007  Lisa Cornwell Associated Press Cleveland Plain Dealer

http://www.cleveland.com/plaindealer/stories
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 Benefits

 

LARGE EMPLOYERS SEE 8% HEALTH INFLATION

A sampling of the country’s largest employers reveals health care costs are expected to rise 8% this year and next year. 

Eighty-two percent of employers said their health care costs were at or below budget last year. That’s down two percentage points from 2005, according to Watson Wyatt and the National Business Group on Health, which polled 573 companies that employ 11 million full-time workers.  

“The rate at which health care costs are increasing may be stabilizing, but it is still three times higher than the annual rate of inflation overall,” according to Ted Nussbaum, Watson Wyatt’s director of group health care consulting. 

Employers are trying a variety of approaches to improve care and reduce costs. For example, 78% of employers offer a nurse line, 72% offer health risk appraisals, 42% are introducing programs to attack obesity, 23% percent have opened on-site health clinics and 14% have opened on-site pharmacies.  

But NBGH President Helen Darling says it’s not enough to just have a program; employers have to get workers to use it. “Communicating clear information about these programs and providing incentives that motivate employers to take the necessary steps to improve their own health are also necessary,” she says. March 1, 2007

BenefitNews.com

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MORE EMPLOYERS PROVIDING 100% MATCH

As employers migrate to defined contribution retirement plans, a growing number also are increasing the amount of their match.

While a 50% match is still the most prevalent option, the proportion of 401(k) plans with a 100% match increased steadily during the last five years, from 26% in 2002 to 36% in 2006, reports Mercer Human Resource Consulting. At least 45% of plans have a 50% match, while 10% will match between 51% and 99% of employee contributions. Another 8% offer a match of less than 50%.

Higher matches coupled with the anticipated jump in DC plan participants will significantly increase the benefit dollars allocated toward retirement plans.

TowerGroup predicts that over the next five years, employer adoption of automatic enrollment will result in a “dramatic” 20% rise in plan participation, or an additional 9.6 million enrollees. The firm also expects DC contributions to double during that period.

An influx of nearly 10 million DC plan novices will mean communications and technology challenges for employers and plan providers, warns TowerGroup. “These participants are less likely to be experienced with retirement plans and have questions on quarterly statements, investment performance, plan provisions and the use of self-service features.”  March 1, 2007

BenefitNews.com

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GOODYEAR TO SHIFT FROM PENSIONS

Salaried Workers Will Be Moved To 401(K) Plans

Goodyear Tire & Rubber Co. said Wednesday that all its salaried workers will be shifted from pensions to enhanced 401(k) retirement plans and that salaried retirees will pay more for medical insurance as part of the company's drive to eliminate $1 billion in costs by 2008.

The company has 14,000 salaried employees in the United States, with about 2,500 in the Akron area, where it is based. Most are covered by the company's defined-benefit pension plan, which will be frozen at the end of 2008 and replaced with defined-contribution 401(k) plans. Those hired since 1995 are already in 401(k) plans, Goodyear spokesman Keith Price said.

After the switch, employees will still be entitled to the pension benefits they accrued under the defined-benefit plan, but from that point on, the company will make contributions to the employees' 401(k) accounts based on their age and years with the company.

In addition, Goodyear will begin matching half of the first 4 percent of a salaried employee's annual pay that is contributed to the 401(k).

A defined-benefit pension plan obligates an employer to pay its employees a set amount of money upon their retirement. In a defined-contribution plan, the responsibility lies with employees to invest the money they and their employer contribute to the account.  Peter Krouse Cleveland Plain Dealer March 1, 2007

http://www.cleveland.com/business/plaindealer/index.ssf?/base/business/117274169273470.xml&coll=2

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OPERATION MATCH: RICHER 401(K) BENEFITS

Employers have been raising their defined-contribution plan matches to compensate employees for cutbacks in defined-benefit pensions and retiree medical benefits, an expert says.

The gold standard for employer matches to employee 401(k) contributions has moved steadily upward toward the 100 percent mark over the last five years, according to a recent study by Mercer Human Resource Consulting.

The portion of 401(k) plans with a match rate of 100 percent has risen from 26 percent of plans in 2002 to 36 percent in 2006, the study, which is based on an analysis of more than 900 U.S. companies with defined-contribution retirement plans.

To be sure, a match of 50 percent on the first 6 percent of pay that an employee contributes remains the most typical formula, says Mike Weddell, a Mercer principal in Detroit. But the use of that scheme has fallen from 52 percent to 45 percent of employers over the last five years, according to the study.

(Mercer's analysis did not capture levels of employee contributions for which matches are provided, a measure that some consider an important trigger of employee 401(k) contributions. For example, if an employer provided a 100 percent match on the first 3 percent of pay that an employee saved and 50 percent on the next 2 percent of pay contributed, the firm coded the match at 100 percent, according to Weddell.)

Employers have been raising their matches as way of compensating employees for cutbacks in defined-benefit pension plans and retiree medical benefits, according to the consultant. What's more, 401(k) match boosts supply employees with "a very visible benefit, so these tend to be increased," he says.

An increasingly popular formula is the so-called "safe harbor match"—a 100 percent match on the first 3 percent an employee saves, and 50 percent on deferrals between 3 percent and 5 percent of pay, according to Weddell. The formula exempts 401(k) plans from Internal Revenue Service tests that compare salary deferral and match percentages for highly paid and non-highly paid employees. David M. Katz, CFO.com BenefitsLink.com February 28, 2007

http://www.cfo.com/article.cfm/8766338/c_8764207?f=home_todayinfinance&x=1

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HEALTH CARE DRAGS ON GM, FORD DESPITE CONCESSIONS BY UAW

The positive impact of health-care cost concessions granted to General Motors Corp. and Ford Motor Co. by the United Auto Workers in 2005 may be wearing thin as inflation, lower vehicle production and added liabilities from struggling parts suppliers weigh on the Detroit auto making giants.

In a report issued Monday, credit-grading firm Fitch Ratings says health-care costs, as a portion of each vehicle built in the U.S., are set to rise 11% on average this year from 2005 levels for GM and Ford. The punishing increase could heighten urgency surrounding medical expenses, which are said to be Detroit's primary cost disadvantage compared to Asian producers. Health-care promises to be the top issue in UAW labor negotiations that kick off in less than five months, Fitch says.

Detroit's Big Three are struggling to restore profitability as they lose market share to non-U.S. manufacturers and battle escalating costs in numerous corners of their business.

Fitch estimates GM will spend $1,783 in cash health-care expenses per car this year, while Ford is seen dishing out $1,064. GM's costs are up 7% from the $1,660 per car it spent in 2005, while Ford's costs are seen skyrocketing 20% from 2005's $888. In 2008, Ford's obligations will shrink nearly $100 compared to 2007 thanks to a recent blue-collar attrition plan that targeted cutting complete ties with younger employees, but GM's costs will jump because its plan was designed to only "nudge workers into retirement," the report says.

Officials at GM and Ford were not immediately available to comment. The UAW did not return phone calls.

In late 2005, the UAW agreed to concessions equivalent to $1 billion in annual cash savings at GM and $850 million in annual savings at Ford. The concessions were meant to deflate the auto giants' health-care disadvantage. However, Fitch insists any savings from recent UAW concessions will be "eaten up quickly" by an estimated 6.5% health-care inflation rate in 2007, continuing output declines and the migration of liabilities back to GM and Ford from parts makers Delphi Corp. and Visteon Corp.

Detroit's health-care burden is under fresh scrutiny as a barrage of reports related to DaimlerChrysler AG's potential sale of Chrysler Group continue to emerge. Chrysler faces $21.1 billion in future retiree health-care liabilities, according to Merrill Lynch, and the majority of the obligation is not funded. The massive liability is one of the key hurdles DaimlerChrysler is seen facing as it tries to sell its U.S. unit.  Mike Spector and John D. Stoll February 26, 2007 www.online.wsj.com

http://online.wsj.com/article/SB117250039398619298.html?mod=autos_1

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Discrimination

PROGRESSIVE TO APPEAL BIG JURY AWARD

Auto insurer Progressive Corp. said in a regulatory filing Wednesday that it plans to appeal the decision of an Oklahoma jury that awarded $61 million to plaintiffs who sued a company subsidiary in a civil rights case.

The company in Mayfield Village said in its 10-K filing with the Securities and Exchange Commission any liability in the case “will not materially impact our financial condition, cash flows or results or operations.”

On Feb. 22, a jury in U.S. District Court in Oklahoma City, Okla., delivered the verdict against the subsidiary, Progressive Casualty, “in an individual employment-related case brought under Title VII of the Civil Rights Act of 1964,” according to the filing.

Progressive’s filing stated that all actions under Title VII “are subject to a statutory cap on compensatory and punitive damages of $300,000 (excluding damages for front pay, back pay and attorneys fees, which were not covered by the jury’s verdict and will be decided separately by the court). We, therefore, believe that the jury’s determination is contrary to law and also believe that the verdict was not supported by the facts presented to the court.”

Progressive spokeswoman Leslie Kolleda said the company would not comment beyond remarks made in the filing.  Scott Suttell Crain’s Cleveland Business February 28, 2007

http://www.crainscleveland.com/apps/pbcs.dll/article?AID=/20070228/FREE/70228016/1006/newsletter01

 

 

Compensation

GE CEO MADE MORE THAN $15M IN 2006

The chairman and chief executive of General Electric Co., the highly profitable conglomerate that produces aircraft engines and TV programming and provides health care and financial services, received $15.2 million in compensation last year, according to a company proxy filed Tuesday.

But GE also disclosed that CEO Jeffrey Immelt's pay package was still a bit smaller than that for the long-time head of its NBC business.

Immelt, 51, was paid $3.3 million in salary, a $5 million bonus and $548,013 in other benefits, including private use of company airplanes. In addition, he was awarded performance share units and stock options that were valued at $6.3 million on the day they were granted last year. The performance units will convert into GE stock after five years if the company meets certain financial benchmarks, according to the proxy.

The company's compensation committee based its decisions on Immelt's performance against his financial, strategic and operational goals for 2006, the proxy statement said.

In the statement, the committee said that the company had an excellent year and Immelt retained an excellent team.

Fairfield-based GE reported last month that adjusted 2006 income climbed 11 percent, to $20.67 billion, or $1.99 per share, from $18.66 billion, or $1.76 per share, in 2005. The results were just above Wall Street expectations for full-year earnings of $1.98 a share.

Full-year sales rose 10 percent to $163.39 billion, from $147.96 billion a year ago, beating Wall Street estimates for sales of $162.8 million.

Robert Wright, who until recently headed GE-owned NBC Universal, received more than $15.6 million in compensation, including $520,291 in above-market earnings on an employee salary deferral plan.

The Associated Press calculations of total pay include executives' salary, bonus, incentives, perks, above-market returns on deferred compensation and the estimated value of stock options and awards granted during the year. The calculations don't include changes in the present value of pension benefits.  Stephen Singer AP Business Writer FindLaw.com February 27, 2007

http://news.lp.findlaw.com/ap/f/66/02-27-2007/d2c2001c05cfcce0.html

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OSHA

OSHA RELEASES NEW "IT'S THE LAW" POSTER

OSHA recently announced publication of its new "It's The Law" poster. The free poster, also known as the OSHA notice of employee rights, is required to be displayed in every workplace in America. Employers are not required to replace their existing poster with the new version. The poster informs employers and employees of their rights and responsibilities for a safe and healthful workplace. Copies are available in both English and Spanish from OSHA's Web site. Free printed copies may be obtained from any OSHA regional or area office, or by writing to the OSHA Publications Office, Room N3101, 200 Constitution Ave. N.W., Washington, D.C. 20210; phone (202) 693-1888. March 1, 2007 OSHA

Poster web address: http://www.osha.gov/Publications/osha3165.pdf

QuickTakes@dol.gov

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Recent Court Cases

D'CUNHA V. GENOVESE/ECKERD CORP.

In case involving claims alleged under the Age Discrimination in Employment Act, summary judgment for defendant is reversed as the district court failed properly to apply the burden-shifting framework under the ADEA. There remains a genuine issue of material fact as to whether the reasons given for not hiring plaintiff were pretextual such that a jury could reasonably find that he suffered an adverse employment action because of his age.  FindLaw.com March 2, 2007

http://caselaw.lp.findlaw.com/data2/circs/2nd/040391p.pdf

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REPA V. ROADWAY EXPRESS, INC.

In a suit under the Family and Medical Leave Act alleging that plaintiff's employer improperly required her to use sick and vacation leave while she was using FMLA leave and receiving disability benefits, summary judgment for plaintiff is affirmed where: 1) leave pursuant to a temporary disability benefit plan, even a third party plan, falls outside of the portion of FMLA allowing employers to require employees to substitute paid leave for unpaid FMLA leave; and 2) defendant waived its right to challenge the validity of the statute by failing to present the argument in the district court.  FindLaw.com March 2, 2007

http://caselaw.lp.findlaw.com/data2/circs/7th/062360p.pdf

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